2018 (1) TMI 1745 - AT - Customs

Valuation of imported coaxial cable - declaration of value on lower side - Commissioner (Appeals) has accepted the value on the basis of NIDB data - HELD THAT - The imported goods were in semi-finished condition and same were not available in the retail market. The market inquiry was made out in the prevailing market price and Government approved Valuer in his valuation report dated 29.11.2011 submitted his report based on weight components of the constituent materials of the said semi-finished co-axial cables. Commissioner (Appeals) has accepted the value on the basis of NIDB data. The respondent has also filed a copy of VAT return where the value was declared and the same support the value at the time of return. From the Record, it appears that the Chartered Engineer certified that appellants have imported a semi-finished goods in terms of prevailing international price of the material for the purpose of reducing the value. The said Chartered Engineers was never cross examined. But the Commissioner (Appeals) has accepted the value on the basis of NIDB data of the same product. The order passed by the Commissioner (Appeals), which is based on NIDB data is not maintainable - the appeal filed by the Revenue, is dismissed.

Summary

The appeal was filed against Order-in-Appeal No. CC(A)CUS/ICD/182/2014 dated 31.03.2014 regarding the valuation of imported coaxial cable. The approved Valuer's report was challenged by the department, but the Commissioner (Appeals) accepted the value declared by the appellant based on NIDB data. The Tribunal found that the Commissioner's decision was based on NIDB data and dismissed the appeal filed by the Revenue.